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News Articles

U.S. Supreme Court Finds ‘Finality Requirement’ for Regulatory Takings Claim Does Not Require Exhaustion of State Administrative Remedies

By Bridget McDonald The U.S. Supreme Court has issued a unanimous per curium opinion in Pakdel v. City and County of San Francisco holding that…

Read More 2021-09-12

California Court of Appeal Affirms Coastal Commission’s Coastal Bluff Setback Requirement Considering Factors of Safety and Life of the Project

By Boyd Hill The Fourth District Court of Appeal for California in Gary Martin v. California Coastal Commission reaffirmed its determination in Lindstrom v. California…

Read More 2021-09-11

U.S. District Court Applies the Clean Water Act ‘Functional Equivalent’ Standard Set Forth by the U.S. Supreme Court

By Ana Schwab and Rebecca Andrews To determine if the County of Maui required a federal Clean Water Act permit, the U.S. District Court for…

Read More 2021-09-11

U.S. Supreme Court Holds Natural Gas Act Authorizes FERC ‘Certified’ Pipeline Project Companies to Seize State-Owned Land through Federally Granted Eminent Domain Authority

By Bridget McDonald In a narrow five-to-four decision, the U.S. Supreme Court in Penneast Pipeline Co., LLC v. New Jersey has held that the Natural Gas…

Read More 2021-09-11

California State Water Resources Control Board Implements Emergency Water Reporting and Curtailment Regulations in Light of Historic Drought

By Wesley A. Miliband and Kristopher T. Strouse At its August 3, 2021 Public Meeting, the State Water Resources Control Board (State Water Board) considered…

Read More 2021-09-11

Eighth Circuit Finds Fugitive Emissions from Certain Coal Storage Deemed Outside the Reach of the Clean Air Act New Source Performance Standards

By Allison Smith The Eighth Circuit Court of Appeals has affirmed the lower court decision in Voight v. Coyote Creek Mining Company, LLC, holding that…

Read More 2021-07-29

U.S. Supreme Court Determines Contribution Action Under CERCLA Section 113(F) Requires Settlement of CERCLA Liability—Not Clean Water Act Liability

By Heraclio Pimentel and Rebecca Andrews The U.S. Supreme Court recently held that a party may seek contribution under Subsection 113(f)(3)(B) of the Comprehensive Environmental…

Read More 2021-07-29

California Court Affirms Injunction Against City’s Short Term Vacation Rental Ban Because City Lacked Coastal Development Permit

By Boyd Hill California’s Second District Court of Appeal in Kracke v. City of Santa Barbara affirmed the injunction against enforcement of a City of…

Read More 2021-07-29

Ninth Circuit Finds U.S. Fish and Wildlife Service Failed to Explain Reversal of Previous ESA Listing Decision Regarding Pacific Walrus

By James Purvis The Center for Biological Diversity brought an action challenging a decision by the U.S. Fish and Wildlife Service (USFWS or Service) to…

Read More 2021-07-29

California’s Marin Municipal Water District Continues Discussions on Moratorium for New Water Service Connections

By Wesley A. Miliband and Kristopher T. Strouse Recently, Marin Municipal Water District (District) has been discussing the idea of enacting a moratorium on new…

Read More 2021-07-28